Consideration For Contract Modification

68 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Stahlman v. Nat'l Lead Co.
  318 F.2d 388· 5th Cir.· 1963-05-17 ·cited 4×
  The court held that the alleged oral agreements did not grant the Lumber Company an exclusive right to sell Baroid's products, and these oral agreements were unenforceable under the Mississippi Statute of Frauds because they were not in writing and intended to be permanent.
• Power Serv. Corp. v. Joslin
  175 F.2d 698· 9th Cir.· 1949-06-21 ·cited 4×
  The court held that the contract, as formed upon bid acceptance, contained a clause prohibiting damages for delay, and a subsequent rider lacked consideration to alter this provision. Therefore, the subcontractor could not recover damages for late material delivery.
• Acquisition Corp. of Am. v. Fed. Deposit Ins.
  1991 WL 57905· S.D. Fla.· 1991-03-25 ·cited 3×
  The court held that a settlement agreement's release of claims is enforceable, as any alleged oral agreement to extend a payment deadline is barred by the parol evidence rule and merger doctrine, or fails for lack of consideration as a subsequent modification.
• Smith v. Codos
  311 So. 2d 195· Fla. 3d DCA· 1975-04-15 ·cited 2×
  A real estate broker sought a $10,000 commission for procuring a buyer for property, but the seller refused payment because the sale had not closed due to title defects. The court held that the parties' agreement required the commission to be paid only upon completion of the tran
• Warner-Lambert Pharm. Co. v. Sylk
  471 F.2d 1137· 3d Cir.· 1972-11-17 ·cited 2×
  A guarantor's endorsement guaranteeing payment of a note makes them liable for the note's tenor, including acceleration and attorney fees, and economic duress requires a wrongful act, not merely a threat of good-faith litigation.
• Amrep Corp. v. Nicholson
  249 So. 2d 84· Fla. 1st DCA· 1970-07-21 ·cited 2×
  A former employee sought specific performance of a stock option agreement to purchase 1,500 shares of AMREP Corporation stock. The trial court granted summary judgment in the employee's favor, and the appellate court affirmed, holding that the employee's exercise of the option fe
• de Pova v. Camden Forge Co.
  254 F.2d 248· 3d Cir.· 1958-04-02 ·cited 2×
  The court held that the plaintiff presented sufficient evidence to support claims for breach of an annual employment contract and for promised increased compensation, including profit sharing.
• Hanover Realty Corp. v. Codomo
  95 So. 2d 420· Fla.· 1957-05-08 ·cited 2×
  A real estate broker sought a commission for arranging a potential 21-year lease of commercial space at a proposed shopping center. The trial court awarded the broker approximately $25,000 in commission based on finding that the broker had produced a ready, willing, and able tena
• Dooly v. Embry-Riddle Co.
  2 Fla. Supp. 172· Dade Cty. Cir. Ct.· 1952-08-29 ·cited 1×
  The court affirmed the trial court's order striking the defendant's pleas and awarding judgment to the plaintiff broker for a commission on a lease renewal, finding no error in the trial court's construction of the contract or its view on consideration.
• Forde v. Krantz Motor Yachts LLC
  S.D. Fla.· 2024-03-18
  The court denied the plaintiff's motion for relief from judgment, finding no basis for mistake, newly discovered evidence, or other extraordinary circumstances to alter the prior judgment.
• BAY Point Cap. P'rs L.P.
  Del. Super. Ct.· 2021-11-30
  The Court granted the plaintiffs' motion for judgment on the pleadings, holding that the amendment to the promissory notes was ineffective. The Court found that the plain terms of the relevant provisions required the written consent of both Fitness and Peak for any amendment, and
• Abbadessa v. Moore Bus. Forms, Inc.
  987 F.2d 18· 1st Cir.· 1993-03-02
  The court held that plaintiffs ratified their resignation agreements by accepting benefits and failing to promptly repudiate them, even if signed under economic duress.
• ST. Louis Bank FOR Sav., FSB v. Am. Cas. Co. OF Reading
  927 F.2d 1042· 8th Cir.· 1991-03-11
  The court held that Endorsement 21 of the insurance policy, which excluded claims related to the bank's investments in joint ventures or limited partnerships, was valid and enforceable.
• United States v. Sears
  778 F.2d 810· D.C. Cir.· 1985-12-06
  The court held that Commerce officials had the authority to bind the government to a settlement modification and that the modification was binding, either as a fair and equitable adjustment under Restatement (Second) of Contracts § 89 or as supported by Sears' forbearance.
• Gen. John J. Pershing Auxiliary NO. 6 v. Murphy
  341 So. 2d 809· Fla. 3d DCA· 1977-01-18
  The court upheld the validity of a mortgage and promissory note securing an attorney's fees but reduced the fee amount from $12,000 to $8,000, finding no consideration supported the increase beyond the original retainer agreement rate of 10% of the property's value.
• In re Stolkin v. March
  471 F.2d 1331· 7th Cir.· 1973-01-16
  The court held that the referee did not abuse his discretion in denying the petition for reconsideration because the alleged oral modification lacked adequate consideration and Stolkin did not fully perform his obligations under it.
• The Plastic Contact Lens Co. v. Frontier OF THE Ne., Inc.
  441 F.2d 67· 2d Cir.· 1971-04-01
  The State appeals an order suppressing evidence, arguing that narcotics agents had probable cause to arrest and search the defendant based on observed conduct.
• Rassner v. Berg
  16 Fla. Supp. 198· Dade Cty. Civ. Ct. Rec.· 1960-08-05
  A law partnership (Rassner) filed an interpleader action regarding disputed attorney's fees from a personal injury settlement. The court held that an attorney's attempt to modify a contingent fee agreement from 20% to a higher percentage without client acceptance was invalid, and